The Supreme Court, in an interim order passed on Monday, stayed a National Commission for Protection of Child Rights (NCPCR) recommendation asking all states and Union Territories to discontinue funding for Madrasa Boards.
A bench, headed by CJI D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, agreed to examine the plea filed by Jamiat Ulema-i-Hind and issued notice to the Centre, the NCPCR, and states of Uttar Pradesh and Tripura.
In its impugned directive, the NCPCR advised Chief Secretaries of states and Union Territories that non-Muslim children currently enrolled in madrasas be moved to mainstream schools in line with the Right to Education (RTE) Act of 2009.
The Jamiat's plea, filed through advocate Fuzail Ahmad Ayyubi, said that not only does the "pervasive state action" violate the fundamental rights of the minorities running such madrasas, but there is "absolutely no authority in law to conduct such a blanket exercise as well neither with the states nor the Union, and certainly not with the NCPCR".
It referred to a letter issued by the Chief Secretary of Uttar Pradesh, under the instructions of the NCPCR, requiring all the District Magistrates to conduct a detailed investigation of all government-aided/recognised madrasas in the state which admit non-Muslim children, and, getting all such children immediately admitted to schools for receiving formal education; and to conduct mapping of unmapped madrasas and ensure admission of students studying therein into other schools for receiving formal education.
Similarly, the plea said that in Tripura, the Director of Elementary Education, has directed all District Education Officers to comply with the instructions of the NCPCR and resultantly, letters were issued to madrasas requiring them to shift their students to nearby schools.
"The impugned action, discriminatory and unconstitutional as it is, has been passed without any reasons, is whimsical in nature, and selectively targets institutions of traditional pedagogy run by a single minority community, being guided by political motives, and thus warrants interference by this Hon'ble Court, being in violation of Articles 14, 19(1)(g), 21, 25, 26(a), and 30(1) of the Constitution," the petition said.
The NCPCR, established under the Commission for Protection of Child Rights (CPCR) Act of 2005, is tasked with safeguarding the rights of children across India.
Maulana Azad National Urdu University cancels MoU with Turkish institute
Maulana Azad National Urdu University (MANUU) has announced the cancellation of its academic Memorandum of Understanding (MoU) with Yunus Emre Institute of Turkey in the wake of Turkey's support to Pakistan in the recent Indo-Pak conflict following the terror attack at Pahalgam.
After JNU, Jamia suspends MoUs with institutions in Turkey over support to Pakistan
Several prominent Indian universities have suspended their academic Memorandums of Understanding (MoUs) with institutions in Turkey, citing national security concerns.
India revokes security clearance of Turkey’s Celebi Airport Services
The government on Thursday revoked the security clearance for Turkish ground-handling firm Celebi Airport Services at the Indian airports, as calls grew to ban Turkish businesses in the wake of their country supporting Pakistan which harbours terrorism.
Indus Treaty on hold until Pakistan 'credibly and irrevocably' abjures support for cross-border terrorism
External Affairs Minister (EAM) S. Jaishankar on Thursday made it clear that the Indus Waters Treaty (IWT) will remain suspended until Pakistan stops sheltering internationally designated terrorist entities and individuals who are also engaged in cross-border terrorism against India.
Our relations, our dealings with Pakistan will be strictly bilateral: EAM Jaishankar
Making India's longstanding position clear once again, External Affairs Minister (EAM) S. Jaishankar on Thursday said that any issues pertaining to Pakistan will be dealt with Islamabad bilaterally.
Three Jaish terrorists killed in J&K encounter
Three terrorists of the Jaish-e-Mohammad (JeM) were killed on Thursday in a gunfight with the security forces in Nader village of Jammu and Kashmir's Pulwama district.
Assam Rifles kill 10 militants in fierce gunbattle in Manipur; operation underway
In a major counter-insurgency operation, at least 10 militants were killed during a fierce encounter with the Assam Rifles in Manipur's Chandel district, as security forces continue their intensified crackdown on insurgent groups across the state.
Top BSF official emphasises need for heightened vigilance on Indo-B’desh border
A Border Security Force (BSF) spokesman said that Agrawal, a senior IPS officer, underlined the maximum vigil along the India-Bangladesh border to ensure a prompt and effective response to any adverse situation.